DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features of “the second limiting part and the third limiting part are respectively provided with a mounting hole, two UP adjusting mechanisms are provided, and the two UP adjusting mechanisms are connected with the light source mounting seat in an inserted mode through the mounting hole” as recited in claims 9 and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitations "the second limiting part”, “the third limiting part” “the first limiting part” and “the fourth limiting part" in lines 1-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites in lines 1-7 “a first limiting part is arranged at an end of the R adjusting mechanism, a second limiting part and a third limiting part are arranged at the two ends of the light source mounting seat respectively, a fourth limiting part is arranged at an end of the R resetting mechanism, the first limiting part and the second limiting part are limited in an abutting mode, and the third limiting part and the fourth limiting part are limited in an abutting mode” this indefinite in that it is unclear if the first-fourth limiting parts are referring to the first-fourth limiting parts of claim 10 or are additional elements.
Claims 12-18 are rejected due to their dependency.
Allowable Subject Matter
Claims 5-7 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14-16 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 5 and 14, Li et al. (USP 12253336, Li) teaches (in figures 3-7) a reticle adjusting device of an inner red dot sight, comprising: a light source mounting seat (lamp holder 3); at least one UP adjusting mechanism (gravity adjustment block 41, gravity adjustment screw 5b, waterproof ring 53, and retaining ring 52) which is connected with or abuts against a bottom of the light source mounting seat (Co. 4 lines 49-53) and is used for adjusting the light source mounting seat to move upwards in a vertical direction (Col. 5 lines 36-45); a UP resetting mechanism (third elastic piece 46) which is movably connected with the light source mounting seat in an inserted mode and is used for enabling the light source mounting seat to move downwards to be reset in the vertical direction (Col. 5 lines 45-50); an R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52) which is connected with the light source mounting seat and is used for adjusting the light source mounting seat to move leftwards or rightwards in a horizontal direction (Col. 5 lines 16-23); and an R resetting mechanism (spring support block 43 and first elastic piece 44) which is connected with the light source mounting seat and is used for enabling the light source mounting seat to move rightwards or leftwards to be reset in the horizontal direction (Col 5 lines 24-35), wherein the R adjusting mechanism and the R resetting mechanism are arranged at two ends of the light source mounting seat respectively (see figures and Col. 5 lines 16-35) wherein each of the at least one UP adjusting mechanism (gravity adjustment block 41, gravity adjustment screw 5b, waterproof ring 53, and retaining ring 52) comprises a UP adjusting screw (gravity adjustment screw 5b) and a UP adjusting slider (gravity adjustment block 41), the UP adjusting screw is vertically arranged and is in threaded connection with the UP adjusting slider (see figures and Col. 5 lines 36-42) at least one bias mechanism (second elastic piece 45) and the at least one bias mechanism is movably disposed in the UP adjusting slider in a penetrating manner.
Sun et al. (CN107782199A, with reference made to provided machine translation, Sun) teaches (in figure 5) bias mechanism (spring liming blocks 38, rear top blocks 39 and compression spring assembly 40) is perpendicular to a UP adjusting screw (vertical adjustment screw 3).
However, Li does not teach that the at least one bias mechanism is perpendicular to the UP adjusting screw and Sun does not teach that the at least one bias mechanism is movably disposed in the UP adjusting slider in a penetrating manner and there is no teaching suggestion or motivation to combine the cited references to arrive at the claimed invention.
As such, the prior art taken alone or in combination fails to teach or fairly suggest to one of ordinary skill in the art at the time of filing a reticle adjusting device in which the at least one bias mechanism is perpendicular to the UP adjusting screw, and the at least one bias mechanism is movably disposed in the UP adjusting slider in a penetrating manner in combination with the other required elements of claims 5 and 14 and claims 1 and 10 from which claims 5 and 14 depend respectively.
Regarding claims 9 and 18, Li et al. (USP 12253336, Li) teaches (in figures 3-7) a(in figures 3-7) a reticle adjusting device of an inner red dot sight, comprising: a light source mounting seat (lamp holder 3); at least one UP adjusting mechanism (gravity adjustment block 41, gravity adjustment screw 5b, waterproof ring 53, and retaining ring 52) which is connected with or abuts against a bottom of the light source mounting seat (Co. 4 lines 49-53) and is used for adjusting the light source mounting seat to move upwards in a vertical direction (Col. 5 lines 36-45); a UP resetting mechanism (third elastic piece 46) which is movably connected with the light source mounting seat in an inserted mode and is used for enabling the light source mounting seat to move downwards to be reset in the vertical direction (Col. 5 lines 45-50); an R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52) which is connected with the light source mounting seat and is used for adjusting the light source mounting seat to move leftwards or rightwards in a horizontal direction (Col. 5 lines 16-23); and an R resetting mechanism (spring support block 43 and first elastic piece 44) which is connected with the light source mounting seat and is used for enabling the light source mounting seat to move rightwards or leftwards to be reset in the horizontal direction (Col 5 lines 24-35), wherein the R adjusting mechanism and the R resetting mechanism are arranged at two ends of the light source mounting seat respectively (see figures and Col. 5 lines 16-35), a first limiting part (surface of windage adjustment block 42 which contacts lamp holder 3) is arranged at an end of the R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52), a second limiting part (side surface of lamp holder 3 which contacts the windage adjustment block 42) and a third limiting part (side surface of lamp holder 3 which contacts the spring support block 43) are arranged at the two ends of the light source mounting seat respectively, a fourth limiting part (surface of spring support block 43 which contacts lamp holder 3) is arranged at an end of the R resetting mechanism, the first limiting part and the second limiting part are limited in an abutting mode, and the third limiting part and the fourth limiting part are limited in an abutting mode (see figure 3 and Col. 5 lines 16-35) wherein the second limiting part and the third limiting part are symmetrically arranged at the two ends of the light source mounting seat, the second limiting part and the third limiting part are provided with a mounting protrusion (32), one UP adjusting mechanisms are provided, and the UP adjusting mechanism is connected with the light source mounting seat in an inserted mode with mounting protrusion (using recess 411).
Sabaldan Elpedes et al. (US Pub. 20230175813, Sabaldan) teaches (in figure 6-8) a second limiting part and the third limiting part (left and right sides of 268) are provided with a mounting hole (200), one UP adjusting mechanism (134 and 142) is provided, and the UP adjusting mechanism is connected with the light source mounting seat (268) in an inserted mode through the mounting hole (using 198).
However, the prior art taken alone or in combination fails to teach or fairly suggest to one of ordinary skill in the art at the time of filing a reticle adjusting device in which the second limiting part and the third limiting part are respectively provided with a mounting hole, two UP adjusting mechanisms are provided, and the two UP adjusting mechanisms are connected with the light source mounting seat in an inserted mode through the mounting hole in combination with the other required elements of claims 9 and 18 and claims 1&2 and claims 10&11 from which claims 9 and 18 respectively depend.
Claims 6-7 and 15-16 would be allowable by virtue of their dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (USP 12253336, Li).
As per claim 1, Li teaches (in figures 3-7) a reticle adjusting device of an inner red dot sight, comprising: a light source mounting seat (lamp holder 3); at least one UP adjusting mechanism (gravity adjustment block 41, gravity adjustment screw 5b, waterproof ring 53, and retaining ring 52) which is connected with or abuts against a bottom of the light source mounting seat (Co. 4 lines 49-53) and is used for adjusting the light source mounting seat to move upwards in a vertical direction (Col. 5 lines 36-45); a UP resetting mechanism (third elastic piece 46) which is movably connected with the light source mounting seat in an inserted mode and is used for enabling the light source mounting seat to move downwards to be reset in the vertical direction (Col. 5 lines 45-50); an R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52) which is connected with the light source mounting seat and is used for adjusting the light source mounting seat to move leftwards or rightwards in a horizontal direction (Col. 5 lines 16-23); and an R resetting mechanism (spring support block 43 and first elastic piece 44) which is connected with the light source mounting seat and is used for enabling the light source mounting seat to move rightwards or leftwards to be reset in the horizontal direction (Col 5 lines 24-35), wherein the R adjusting mechanism and the R resetting mechanism are arranged at two ends of the light source mounting seat respectively (see figures and Col. 5 lines 16-35).
As per claim 2, Li teaches (in figures 3-7) a first limiting part (surface of windage adjustment block 42 which contacts lamp holder 3) is arranged at an end of the R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52), a second limiting part (side surface of lamp holder 3 which contacts the windage adjustment block 42) and a third limiting part (side surface of lamp holder 3 which contacts the spring support block 43) are arranged at the two ends of the light source mounting seat respectively, a fourth limiting part (surface of spring support block 43 which contacts lamp holder 3) is arranged at an end of the R resetting mechanism, the first limiting part and the second limiting part are limited in an abutting mode, and the third limiting part and the fourth limiting part are limited in an abutting mode (see figure 3 and Col. 5 lines 16-35).
As per claim 3, Li teaches (in figures 3-7) that the R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52) comprises an R adjusting screw (windage adjustment screw 5a) and an R adjusting slider (windage adjustment block 42), the R adjusting screw is horizontally arranged and is in threaded connection with the R adjusting slider (see figure 3 and Col. 5 lines 16-23), and the first limiting part (surface of windage adjustment block 42 which contacts lamp holder 3) is located on the R adjusting slider.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (USP 12253336, Li) as applied to claim 1 above and in further view of Sha (CN105823377A, with reference made to provided machine translation, Sha).
As per claim 4, Li teaches (in figures 3-7) that the R resetting mechanism (spring support block 43 and first elastic piece 44) comprises an R resetting slider (spring support block 43) and two R resetting units (first elastic piece 44, shown as two springs in figure 4) which are symmetrically arranged on two sides of a horizontal central axis of the R resetting slider (see figure 4), each of the two R resetting units comprises at least one R resetting spring (first elastic piece 44 shown as a spring in figure 4), and the at least one R resetting spring is horizontally arranged on the R resetting slider.
Li does not teach that at least one R resetting spring sleeve, the at least one R resetting spring sleeve sleeves an end of the at least one R resetting spring.
However, Sha teaches (in figure 2) providing a spring sleeve (spring sleeve 43) around positioning spring (41) in order to ensure spring alignment and thereby improve the contact stability (paragraph 29).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li such that the end of the springs are sleeved by a spring sleeve as suggested by Sha.
The motivation would have been to improve contact stability.
As per claim 8, Li teaches (in figures 3-7) that the UP resetting mechanism (third elastic piece 46) comprises two UP resetting units (third elastic piece 46 shown as two springs in figure 4) which are symmetrically arranged on two sides of a longitudinal central axis of the light source mounting seat (lamp holder 3) (see figures 3 and 4), each of the two UP resetting units comprises at least one UP resetting spring (third elastic piece 46 shown as two springs in figure 4), and the at least one UP resetting spring is vertically arranged on the light source mounting seat (see figure 4).
Li does not teach that each of the two UP resetting units comprises at least one UP spring sleeve wherein at least one UP spring sleeve sleeves an end of the at least one UP resetting spring correspondingly
However, Sha teaches (in figure 2) providing a spring sleeve (spring sleeve 43) around positioning spring (41) in order to ensure spring alignment and thereby improve the contact stability (paragraph 29).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li such that the end of the springs are sleeved by a spring sleeve as suggested by Sha.
The motivation would have been to improve contact stability.
Claim(s) 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (USP 12253336, Li) as applied to claim 1 above and in further view of Weinland (US Pub. 20210270566).
As per claim 10, Li teaches (in figures 3-7) that the second limiting part (surface of windage adjustment block 42 which contacts lamp holder 3) and the third limiting part (side surface of lamp holder 3 which contacts the spring support block 43) are both protrusions.
Li does not teach that the first limiting part and the fourth limiting part are both grooves matched with the protrusions.
However, Weinland teaches (in figures 1-2) providing a first and fourth limiting parts (left and right sides of receiver 7) with grooves (dovetail grooves 8) which match protrusions (dovetail projections 12) formed on the second and third limiting parts (left and right side surfaces of rear sight piece 6) formed on an object (rear sight piece 6) in order to secure the object in the transverse direction (paragraph 31).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limiting parts in the device of Li to include matched protrusions and grooves in order to better secure the lamp holder.
As per claim 11, Li in view of Weinland teaches a first limiting part (surface of windage adjustment block 42 which contacts lamp holder 3 in Li as modified by Weinland) is arranged at an end of the R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52 in Li as modified by Weinland), a second limiting part (side surface of lamp holder 3 which contacts the windage adjustment block 42 in Li as modified by Weinland) and a third limiting part (side surface of lamp holder 3 which contacts the spring support block 43 in Li as modified by Weinland) are arranged at the two ends of the light source mounting seat respectively, a fourth limiting part (surface of spring support block 43 which contacts lamp holder 3 in Li as modified by Weinland) is arranged at an end of the R resetting mechanism, the first limiting part and the second limiting part are limited in an abutting mode, and the third limiting part and the fourth limiting part are limited in an abutting mode (see figure 3 and Col. 5 lines 16-35 in Li).
As per claim 12, Li in view of Weinland teaches that the R adjusting mechanism (windage adjustment block 42, windage adjustment screw 5a, waterproof ring 53, and retaining ring 52 in Li as modified by Weinland) comprises an R adjusting screw (windage adjustment screw 5a) and an R adjusting slider (windage adjustment block 42 in Li as modified by Weinland), the R adjusting screw is horizontally arranged and is in threaded connection with the R adjusting slider (see figure 3 and Col. 5 lines 16-23 in Li as modified by Weinland), and the first limiting part (surface of windage adjustment block 42 which contacts lamp holder 3 in Li as modified by Weinland) is located on the R adjusting slider.
Claim(s) 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (USP 12253336, Lee) and Weinland (US Pub. 20210270566) as applied to claim 10 above and in further view of Sha (CN105823377A, with reference made to provided machine translation, Sha).
As per claim 13, Li teaches (in figures 3-7) that the R resetting mechanism (spring support block 43 and first elastic piece 44) comprises an R resetting slider (spring support block 43) and two R resetting units (first elastic piece 44, shown as two springs in figure 4) which are symmetrically arranged on two sides of a horizontal central axis of the R resetting slider (see figure 4), each of the two R resetting units comprises at least one R resetting spring (first elastic piece 44 shown as a spring in figure 4), and the at least one R resetting spring is horizontally arranged on the R resetting slider.
Li does not teach that at least one R resetting spring sleeve, the at least one R resetting spring sleeve sleeves an end of the at least one R resetting spring.
However, Sha teaches (in figure 2) providing a spring sleeve (spring sleeve 43) around positioning spring (41) in order to ensure spring alignment and thereby improve the contact stability (paragraph 29).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li such that the end of the springs are sleeved by a spring sleeve as suggested by Sha.
The motivation would have been to improve contact stability.
As per claim 17, Li teaches (in figures 3-7) that the UP resetting mechanism (third elastic piece 46) comprises two UP resetting units (third elastic piece 46 shown as two springs in figure 4) which are symmetrically arranged on two sides of a longitudinal central axis of the light source mounting seat (lamp holder 3) (see figures 3 and 4), each of the two UP resetting units comprises at least one UP resetting spring (third elastic piece 46 shown as two springs in figure 4), and the at least one UP resetting spring is vertically arranged on the light source mounting seat (see figure 4).
Li does not teach that each of the two UP resetting units comprises at least one UP spring sleeve wherein at least one UP spring sleeve sleeves an end of the at least one UP resetting spring correspondingly
However, Sha teaches (in figure 2) providing a spring sleeve (spring sleeve 43) around positioning spring (41) in order to ensure spring alignment and thereby improve the contact stability (paragraph 29).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li such that the end of the springs are sleeved by a spring sleeve as suggested by Sha.
The motivation would have been to improve contact stability.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (USP 12253336, Lee) as applied to claim 1 above and in further view of Sabaldan Elpedes et al. (US Pub. 20230175813, Sabaldan).
As per claim 19, Li teaches (in figures 1-7) that a sight (shown in figures 1-3), comprising a housing (sight body 1 and lens frame 11), and an optical lens (lens 2), a light source (LED lamp 31), a switch assembly (shown in figure 4), and the reticle adjusting device according to claim 1 (see rejection above), which are arranged on the housing, wherein the optical lens is located at a front of the housing, the light source is arranged in the reticle adjusting device (see figures).
Li does not teach a circuit driving assembly the circuit driving assembly is connected with the switch assembly, and the switch assembly is also electrically connected with the light source.
However, Sabaldan teaches (in figure 15) a circuit driving assembly (electrical components connecting actuation member 356, power source 260, and light source 256 as shown in figure 15) the circuit driving assembly is connected with a switch assembly (first actuation member 356), and the switch assembly is also electrically connected with a light source (light source 256).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li to include the switch assembly and circuit driving assembly from Sabaldan in the device of Li.
The motivation would have been to allow for the activation and deactivation of the light source.
Conclusion
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/ALEXANDER P GROSS/Primary Examiner, Art Unit 2871
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